Judgment

S. R. DAS, CJI. : This is an appeal filed upon a certificate of fitness granted by the High Court of Calcutta impugning the judgment pronounced by the said High Court on January 23, 1953, declaring null and void an award (No. 209 of 1952) made by the Bengal Chamber of Commerce in case No. 855 of 1951 whereby they ordered the respondent company to pay to the appellant company a sum of Rs. 1,95,000 besides interest and costs.

2. The facts giving rise to the present appeal are simple and may briefly be summarised as follows : On April 6, 1951, the appellant company entered into a contract with the respondent company for the supply of 5000 maunds of Nikhil and/or Ashuganj pate on certain prices according to quality, "shipment during July and/or August, 1951, guaranteed." That contract, which was entered into by bought and sold notes exchanged between the parties through brokers, contained a very wide arbitration clause. When shipping documents were presented to the respondent company by the bankers of the appellant company, they were not honoured on the plea that the same were not in order and the respondent company failed to take delivery of the goods. The last date on which th